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In case of unwed couples, the decision to add the father’s name to the birth certificate is a very personal one.
Sometimes, it is difficult to identify or locate the father. Other times, the relationship between the biological parents may be strained. In these situations, the mother may be unsure how including the father’s name on the birth certificate will affect her parental rights and her child.
If you are worried about the consequences of having no father’s name on a birth certificate, keep reading. In this article, you will learn:
Absolutely not. The father’s name is not a requirement to issue a birth certificate.
The biological father's last name does not have to be included for the vital records office to issue your baby’s certificate. Similarly, the parents do not need to be married.
Registering a child’s birth is a legal requirement. The hospital or birthing facility will be able to assist you with filing the paperwork.
When parents are unmarried, the baby can take:
Parents should discuss the above options and reach an agreement. In some US states, the mother has the right to choose the child’s last name without the father’s consent even when parentage is established.
Including the father on the birth certificate does not mean that the baby will automatically take the father’s last name.
When the couple is unmarried, listing the father on the birth certificate is not possible without their consent
The birth certificate does not represent evidence of paternity if the father’s name appears but there is no signature
Unmarried parents can sign an Acknowledgement of Paternity (AOP) to confirm the father’s identity and their consent to be listed as father on all relevant paperwork. The AOP is often filled out and signed at the hospital or facility where the baby is born but can also be submitted later.
Featuring on a child’s birth certificate comes with rights and responsibilities. In the United States, the father’s rights include:
Once paternity is acknowledged, the father also agrees to the following parental responsibilities:
If your baby has no father’s name on their birth certificate, access to certain social security benefits could be affected.
Also, it may not be possible for you to take legal steps to ensure that the father upholds their parental duties and meets the child’s physical and emotional needs.
Even as an adult, there are benefits to having the father’s name on one’s birth certificate, for example:
Ultimately, deciding whether to register a newborn with no father’s name on the birth certificate is a delicate position to be in. Remember that it is possible to have the birth certificate amended and the father added at a later date if both parents agree.
In the event a father’s name is not mentioned on a birth certificate when the original document is issued, you can normally update it at a later time to include this information.
This may be necessary to claim benefits like those listed in the section above.
How this process works depends on your state of birth. However, in most cases you can do this if you have the following items:
You will also need to pay a fee to process the changes on the document.
It's recommended to consult your local vital records office to learn more about the precise steps necessary to include a father on a child’s birth certificate before starting this process.
Read more:How to Remove A Non-Biological Parent From a Birth Certificate</
Things can get more complicated if you wish to add a father’s name to a birth certificate if he has passed away. However, it is also possible to do this in many states.
In order to add a deceased father to a child’s birth certificate you will need to prove their paternity in court. You may need a lawyer to help you pursue this properly and DNA testing of the deceased person might be necessary to confirm paternity.
As long as a valid legal reason for updating the certificate to include the deceased father’s name can be given in court, the judge should grant the permission necessary to amend the birth certificate.
Once a court order for the amendment has been obtained, you will be able to request the change officially from your state or county recorder’s office directly.